The Protection of Women from Domestic Violence Act, 2005 (PWDVA) was enacted following a concerted campaign by Indian women's groups. The law was envisaged to provide emergency civil reliefs to women facing violence within their homes. Over the years there has been a massive increase in cases filed under the PWDVA. Interactions with lawyers indicate that that the law is useful because of the comprehensiveness of the definition of domestic violence and the scope of reliefs provided in it; and that it allows women direct access to courts. The objective of this publication is to take stock of the progress made towards achieving statutory objectives in the first decade of its implementation. In this regard, the work attempts to cover themes relating to state accountability in terms of providing a supportive framework to facilitate women's access to justice, experiences in court, and jurisprudence evolved by appellate courts. It also seeks to trace and document the history behind the enactment of the PWDVA 2005. The work will capture the experience of key functionaries under the law, and analyse judicial trends by examining orders and judgments passed by the courts of magistrate, various high courts, and the Supreme Court.

Children come into the world completely helpless, and require well-functioning families and schools to meet their needs, protect their interests and nurture their potential. This book argues that healthy child-development depends on values, ideas and structures that promote justice for children and families; in particular, checks and balances that favour: * Fairness: allowing fair distribution of resources, so that every child and family have the best possible chance to reach their potential. * Protection: resources for families, neighbourhoods and schools to help protect and encourage their children, alongside the means to intervene, should this protection fail. * Autonomy: encouraging children's voice and participation in decision-making at a level commensurate with their maturity. Authored by leading experts in the field, the book is comprised of short, highly readable chapters with an interdisciplinary appeal, for practitioners of social science, law, social work, psychology, paediatrics, psychotherapy, psychiatry and public health alike.

The UN Convention on the Rights of the Child is acknowledged as a landmark in the development of children's rights. Article 3 makes the child's best interests a primary consideration in all actions concerning children and requires States Parties to ensure their care and protection. This volume, written by experts in children's rights from a range of jurisdictions, explores the implementation of Article 3 around the world. It opens with a contextual analysis of Article 3, before offering a critique of its implementation in various settings, including parenting, religion, domestic violence and baby switching. Amongst the themes that emerge are the challenges posed by the content of 'best interests', 'welfare' and 'well-being'; the priority to be accorded them; and the legal, socioeconomic and other obstacles to legislating for children's rights. This book is essential for all readers who interact with one of the Convention's most fundamental principles.

One of family law's greatest challenges within the 21st Century is facing the decreased rate of marriages and the increased number of unmarried co-habiting couples. All over the world, lawmakers and courts have met this challenge with different legal solutions. Currently, eleven American jurisdictions recognize the doctrine of common law marriage, but for other jurisdictions have abolished the doctrine within the last fifteen years. Common Law Marriage presents a thorough legal history of common law marriage, from its origins to current law and possible future developments in law. Dr. Goeran Lind researches current law by analyzing American cases, discussing the legal requirements for the establishment of a common law marriage, as to capacity, contract, implied agreement, cohabitation, holding out, and burdens of proof. As Lind points out, due to the choice of law principles, courts all over the United States must decide on common law marriages on a case-by-case basis. As long as couples move from one state to another, individual state courts in the United States must apply the doctrine of common law marriage and decide if such a marriage has been established when a couple has lived in, or visited, a common law marriage state. Common Law Marriage provides an avid look at the level of expertise regarding the doctrine of common law marriage and expresses the evident need for guidance concerning it.

Whilst there may be universal agreement that 'something must be done' about child abuse, there is much less clarity about what qualifies as child abuse and what should be done about it. Policy makers often invoke the law at times of crisis which are seen to demand a societal response. The presence of legislation on the statute book or the creation of rules and protocols which professionals must follow is one socially acceptable sign that the problem has been recognised and that an effective response has been implemented. In the last two decades of the twentieth century, the numerous controversies about the response of public agencies and the courts to allegations of child abuse, as well as campaigns to reform the treatment of child witnesses in adversarial trial systems, provided the impetus for legal reform in both criminal and civil proceedings in England and Wales. These legal initiatives were ad hoc responses to specific problems, and not part of a coherent and integrated programme of reform across the criminal and civil systems. Legislators and the courts in family, criminal, and tort proceedings have constructed different liability and evidential rules in parallel rather than in tandem with the other courts adjudicating the same issues, and often regarding the same child. Similarly reforms in other common law jurisdictions have often been only partially understood by lawmakers in England and Wales. This book looks across the legal and geographical boundaries within which the legal discussion of child abuse is usually confined. It considers the themes and policy considerations driving each form of legal response to the problem of child abuse. It also provides a detailed discussion of the law governing the trial of allegations of child abuse in the key areas of family, criminal and tort law in English law, and compares this with the approaches in other common law jurisdictions using the adversarial mode of trial, in particular in Canada, the United States, New Zealand and Australia. In its breadth and depth, Child Abuse Law and Policy Across Boundaries marks a significant contribution to the rapidly evolving field of child protection law.

How should our most intimate personal relationships be governed in a liberal society? Should the state encourage a particular model of family life, or support individuals in their pursuit of personal happiness? To what extent do people have the right to shape the lives of their offspring? This book examines the questions at the heart of family law, rethinking the ideas that shape our understanding of the family as a social unit, its purpose, and the obligations and rights that belong to family members.
The book explores how the governance of personal relationships has depended on the exercise of power, from the traditional assumptions of patriarchy, where the male head of the family enjoyed full control over his dependents and descendents, to the ideology of welfarism, where state institutions protect the interests of the vulnerable at the expense of their close relations. Emerging from these conflicting ideologies comes today's rights-based culture, where traditional expectations for behavior within a family sit within a new emphasis on the ability of minorities and traditional dependents to determine the shape of their own lives.
Against this background of shifting power relations, the book explores the inter-relationship between the legal regulation of people's personal lives and the values of friendship, truth, respect and responsibility. In doing this, a variety of controversial issues are examined in the light of those values: including the legal regulation of gay and unmarried heterosexual relationships; freedom of procreation; state supervision over the exercise of parenthood; the role of fault in divorce law; the way parenthood is allocated; the rights andresponsibilities of parents to control their children; the place of religion in the family; the rights of separated partners regarding property and of separated parents regarding their children.
Throughout, the book offers a new picture of the intimacy at the center of personal relationships and argues that only by understanding this intimacy, and its role in human happiness, can we arrive at a true framework for respecting, and governing, the personal lives of other people.

The English legal system in the area of social work with children and families can be bewildering and complex and it is vital therefore that any textbook on the subject uses case law, case studies and research to critically-engage social workers and students alike. This book does just that - by examining, and putting into clear practical context, the current law and policy relating to social work with children and families. A guide for both students on placement as well as Newly Qualified Social Workers (NQSWs) entering their first roles within children and families teams, Practical Child Law for Social Workers is essential reading for a fast-paced and complex area of social work.

The Family in Law provides a jurisprudential analysis of current family law, connecting doctrinal discourse with sociological, historical and economic analyses of the institution of family. The law's focus on the nuclear family as the default model is central to the book's discourse, which contains in-depth discussions of the key areas of family law - marriage, divorce, children and property matters. Written for Australian legal actors - whether students, academics or professionals - readers are encouraged to question current frameworks, critique well-known cases and make informed conclusions on whether changes could be made to engender a fairer and more equitable society. In developing doctrinal analysis within a theoretical framework, The Family in Law challenges the conventional boundaries of family law, providing readers with both a solid foundation and a multi-layered perspective to their understanding of the topic.

The law governing family relationships has changed dramatically in the course of the last century and this book - drawing extensively on both published and archival material and on legal as well as other sources - gives an account of the processes and problems of reform. Much of the work of the courts was concerned with marriage and divorce, but there were also major changes in the legal position of married women and reform in all these areas was hotly controversial. Family Law in the Twentieth Century gives full accounts of how the law has dealt with the relationship between children and their families, and the increasing involvement of the state in seeking to prevent abuse of children and providing for the needy. The book gives a revealing account of the processes of change and of the influence of pressure groups, civil servants, and judges, as well as individual campaigners.

Child Protective Services practice is multifaceted and challenging, requiring professionals to make difficult decisions that profoundly impact children and families. This second edition of Helping in Child Protective Services: A Competency-Based Handbook is a comprehensive desk reference that serves as both a daily guide for workers and a training tool for supervisors and administrators. This invaluable resource provides CPS workers with the knowledge and skills necessary to assist vulnerable families, covering such key issues as assessment, decision making, intervention, child development, medical evaluation, accountability, and the legal framework of culturally responsive practice.

The handbook begins with a diary that describes a typical CPS case from initial report to case closure in order to illustrate the complexity of the CPS system and the situations CPS workers might encounter. The book also covers the history of CPS and the laws governing intervention when children are mistreated. Specifically, this handbook helps CPS professionals and students explore the casework process from intake through case closure with step-by-step instructions and examples; learn about child development, key developmental milestones, and the importance of intervention; understand the medical evaluation of child abuse and neglect through a detailed guide of various forms and indicators of abuse and neglect; learn how to structure interviews and phrase questions to obtain information from families and guide the casework process; and understand the importance of accountable practice to families, their agencies, and the public.

This latest edition of Helping in Child Protective Services compiles the most up-to-date research and practice information to help professionals provide the highest quality and most innovative services to children and families.

This book expands our understanding of a growing, yet largely unstudied phenomenon: the flow of children across borders through intercountry adoption. What explains the spread of intercountry adoption through the international system over time? McBride investigates the interconnected networks of states, individuals, and adoption agencies that have collaborated to develop the practice of intercountry adoption we see today. This book tells the story of how adoption agencies mediate between individuals and states in two ways: first by teaching states about intercountry adoption as a policy, and second by helping states implement intercountry adoption as a practice. McBride argues that this process of states learning about intercountry adoption from adoption agencies has facilitated the global development of the practice in the past seventy years.

In Lovesick Japan, Mark D. West explores an official vision of love, sex, and marriage in contemporary Japan. A comprehensive body of evidence 2,700 court opinions describes a society characterized by a presupposed absence of physical and emotional intimacy, affection, and personal connections. In compelling, poignant, and sometimes horrifying court cases, West finds that Japanese judges frequently opine on whether a person is in love, what other emotions a person is feeling, and whether those emotions are appropriate for the situation.

Sometimes judges' views about love, sex, and marriage emerge from their presentation of the facts of cases. Among the recurring elements are abortions forced by men, compensated dating, late-life divorces, termination fees to end affairs, sexless couples, Valentine's Day heartbreak, "soapland" bath-brothels, and home-wrecking hostesses.

Sometimes the judges' analysis, decisions, and commentary are as revealing as the facts. Sex in the cases is a choice among private "normal" sex, which is male-dominated, conservative, dispassionate, or nonexistent; commercial sex, which caters to every fetish but is said to lead to rape, murder, and general social depravity; and a hybrid of the two, which commodifies private sexual relationships. Marriage is contractual; judges express the ideal of love in marriage and proclaim its importance, but virtually no one in the court cases achieves it. Love usually appears as a tragic, overwhelming emotion associated with jealousy, suffering, heartache, and death."

This is a comparative study of family change in Europe and its dependency on social policy regimes. The authors explore family discourse, family law, single parents, gender relations, the 'new fathers', divorce, and abortion within the framework of national policies vis-à-vis the family.

THE SUNDAY TIMES BESTSELLER 'Helen is the woman I want in my life when the shit hits the fan' - Bryony Gordon What do you do when your relationship suddenly ends? How do you cope when the cosy 'coupley' future you had planned disappears? Join comedian Helen Thorn from The Scummy Mummies as she haphazardly takes the plunge into single life for the first time in twenty-two years. Helen shares her own roller coaster journey from the initial shock of a surprise separation, the messy months hanging out in her PJs through to the highs of rediscovering online dating, tiny pants, rock-solid female friendships and the glorious joy of just being by herself. With the help of relationship experts and an army of women "who know", Get Divorced, Be Happy will show you that going it alone isn't the end, it is just the beginning, and you will come out the other side, stronger, happier and goddamn sassier than ever before.

Millions of Americans rely on the likes of birth control, IVF, and genetic testing to make plans as intimate and farreaching as any over a lifetime. This is no less than the medicine of miracles. It fills empty cradles, frees families from terrible disease, and empowers them to fashion their lives on their own terms. But accidents happen. Pharmacists mix up pills. Lab techs misread tests. Obstetricians tell women their healthy fetuses would be stillborn. Political and economic forces conspire against regulation. And judges throw up their hands when professionals foist parenthood on people who didn't want it, or childlessness on those who did. Failed abortions, switched donors, and lost embryos may be first-world problems. But these aren't innocent lapses or harmless errors. They're wrongs in need of rights. This book lifts the curtain on reproductive negligence, gives voice to the lives it upends, and vindicates the interests that advances in medicine and technology bring to full expression. It charts the legal universe of errors that: (1) deprive pregnancy or parenthood of people who set out to pursue them; (2) impose pregnancy or parenthood on those who tried to avoid these roles; or (3) confound efforts to have a child with or without certain genetic traits. This novel architecture forces citizens and courts to rethink the reproductive controversies of our time, and equips us to meet the new challenges-from womb transplants to gene editing-that lie just over the horizon.

This book explores the specialist area of cryptocurrency in the context of matrimonial finance proceedings. The work is split into two parts. The first part provides a comprehensive primer on cryptocurrency and blockchain technology. It explains what cryptocurrencies are, how they are held by their owners, and how blockchain technology works. This part also considers the legal status and current regulatory treatment of cryptocurrency in England and Wales. The second part provides an overview of financial remedies and the distributive principles applied by the Family Court in matrimonial finance cases. It analyses the current case law on cryptocurrencies as a variety of 'property', before exploring issues that practitioners may face when encountering crypto-assets in litigation. This includes the challenges of valuing, tracing, and freezing cryptocurrency, as well as disclosure considerations. The work includes an overview of the principles relating to 'self-help' disclosure and associated criminal offences pursuant to the Computer Misuse Act 1990 and the Data Protection Act 2018. It also contains a summary of HMRC's current guidance on the taxation of crypto-assets for individuals.

There are few areas of public policy in the Western world where there is as much turbulence as in family law. Often the disputes are seen in terms of an endless war between the genders. Reviewing developments over the last 30 years in North America, Europe and Australasia, Patrick Parkinson argues that, rather than just being about gender, the conflicts in family law derive from the breakdown of the model on which divorce reform was predicated in the late 1960s and early 1970s. Experience has shown that although marriage may be freely dissoluble, parenthood is not. Dealing with the most difficult issues in family law, this book charts a path for law reform that recognizes that the family endures despite the separation of parents, while allowing room for people to make a fresh start and prioritizing the safety of all concerned when making decisions about parenting after separation.

This book captures the Indian state's difficult dialogue with divorce, mediated largely through religion. By mapping the trajectories of marriage and divorce laws of Hindu, Muslim, and Christian communities in post-colonial India, it explores the dynamic interplay between law, religion, family, minority rights and gender in Indian politics. It demonstrates that the binary frameworks of the private-public divide, individuals versus group rights, and universal rights versus legal pluralism collapse before the peculiarities of religious personal law. Historicizing the legislative and judicial response to decades of public debates and activism on the question of personal law, it suggests that the sustained negotiations over family life within and across the legal landscape provoked a unique and deeply contextual evolution of both, secularism and religion in India's constitutional order. Personal law, therefore, played a key role in defining the place of religion and determining the content of secularism in India's democracy.

There is broad agreement among politicians and policymakers that the family is a critical institution of American life. Yet the role that the state should play with respect to family ties among citizens remains deeply contested. This controversy over the state's role undergirds a broad range of public policy debates: Does the state have a responsibility to help resolve conflicts between work and family? Should same-sex marriage be permitted? Should the state encourage marriage and two-parent families? Should parents who receive welfare benefits be required to work? Yet while these individual policy issues are endlessly debated, the underlying theoretical question of the stance that the state should take with families remains largely unexplored. In The Supportive State: Families, Government, and America's Political Ideals, Maxine Eichner argues that government must take an active role in supporting families. She contends that the respect for human dignity at the root of America's liberal democratic understanding of itself requires that the state not only support individual freedom and equality-the goods generally considered as grounds for state action in liberal accounts. It must also support families, because it is through families that the caretaking and human development needs which must be satisfied in any flourishing society are largely met. Families' capacity to satisfy these needs, she demonstrates, is critically affected by the framework of societal institutions in which they function. In the "supportive state" model she develops, the state bears the responsibility for structuring societal institutions to support families in performing their caretaking and human development functions. Meanwhile, families bear responsibility for the day-to-day caring for (or arranging the care for) family members with dependency needs. In this model, supporting families is as central to the responsibilities of the state as ensuring a competent police force to ensure citizens' safety. Although not all family forms will further the important functions that warrant state support, she argues that a broad range will. Her vigorous defense of the state's responsibility to enhance families' capacity for caretaking and human development stands as a sharp rejoinder to the widespread conservative belief that the state's role in family life must be diminished in order for families to flourish.

How do multireligious and multiethnic societies construct accommodative arrangements that can both facilitate cultural diversity and ensure women's rights? Based on a study of legal adjudication of marriage and divorce across formal and informal arenas in contemporary Mumbai, this book argues that the shared adjudication model in which the state splits its adjudicative authority with religious groups and other societal sources in the regulation of marriage can potentially balance cultural rights and gender equality. In this model the civic and religious sources of legal authority construct, transmit, and communicate heterogeneous notions of the conjugal family, gender relations, and religious membership within the interstices of state and society. In so doing, they fracture the homogenized religious identities grounded in hierarchical gender relations within the conjugal family. The shared adjudication model facilitates diversity as it allows the construction of hybrid religious identities, creates fissures in ossified group boundaries, and provides institutional spaces for ongoing intersocietal dialogue. This pluralized legal sphere, governed by ideologically diverse legal actors, can thus increase gender equality and individual and collective legal mobilization by women effects institutional change.